Judge puts prose­cu­tor on spot over Mad­off trial ar­gu­ments

NEW YORK — Judges hear­ing an ap­peal by ex-em­ploy­ees of im­pris­oned Wall Street swindler Bernard Mad­off (MAY’- dawf) have taken pros­e­cu­tors to task for ar­gu­ments a de­fence lawyer says used emo­tion and prej­u­dices to win over jurors. De­fence at­tor­ney Andrew Frisch com­plained Tues­day the gov­ern­ment’s re­but­tal ar­gu­ment was so over the top the court should throw out the con­vic­tions of his client and four oth­ers in the $20 bil­lion fraud. Frisch com­plained the pros­e­cu­tion cited the 1960s civil rights move­ment in urg­ing a jury in­clud­ing six blacks and one Latino to have the courage to con­vict. A 2nd U.S. Cir­cuit Court of Ap­peals judge re­peat­edly asked prose­cu­tor Aimee Hec­tor if the gov­ern­ment would make such an ar­gu­ment again. The prose­cu­tor said it might not have been per­fect but was proper. Mad­off pleaded guilty and is serv­ing a 150-year prison sen­tence.